HomeMy WebLinkAbout23388 RESOLUTION NO. 23388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING
AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2013-14 WITHIN THE PALM SPRINGS STREET
LIGHTING MAINTENANCE DISTRICT NO. 3.
WHEREAS, the City Council has, by previous Resolutions, initiated proceedings
and declared its intention to levy special benefit assessments against parcels of land
within the Palm Springs Street Lighting Maintenance District No. 3, (hereafter referred to
as "District No. T) for the fiscal year commencing July 1, 2013, and ending June 30,
2014, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of
Division 15 of the Streets and Highways Code of the State of California, beginning with
§22500 (hereafter referred to as the "Act"), to pay the costs and expenses of operation,
maintenance, repair and servicing of street lighting and all appurtenant facilities and
operations related thereto; and
WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the
City Clerk has presented to the City Council the Engineer's Annual Levy Report
(hereafter referred to as the "Engineer's Report") in connection with the proposed levy
and collection of special benefit assessments upon eligible parcels of land within District
No. 3, and the City Council did by previous Resolution approve the Engineer's Report;
and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within District No. 3 for the fiscal year commencing July 1, 2013, and
ending June 30, 2014, to pay the costs and expenses of operation, maintenance, repair
and servicing of street lighting and all appurtenant facilities and operations related
thereto; and
WHEREAS, the Engineer's Report proposes the levying and collection of
assessments less than or equal to the maximum assessment amounts previously
approved by property owner petition or balloting.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Following notice duly given, the City Council has held a full and fair
Public Hearing regarding its Resolution approving or amending the Engineer's Report
prepared in connection therewith; the levy and collection of assessments, and
considered all oral and written statements, protests and communications made or filed
by interested persons. The City Council has determined that the property owners in
accordance with the requirements of Article XIIID of the California Constitution have
approved the assessments so presented.
Resolution No. 23388
Page 2
SECTION 2. Based upon its review (and amendments, as applicable) of the
Engineer's Report, a copy of which has been presented to the City Council and which
has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within District No. 3 will receive special benefit by the operation,
maintenance and servicing of street lighting and appurtenant facilities within
the boundaries of District No. 3.
b) District No. 3 includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within District No. 3 is in
accordance and apportioned by a formula and method which fairly distributes
the net amount among all eligible parcels in proportion to the special benefit
to be received by each parcel from the improvements and services for the
fiscal year commencing July 1, 2013, and ending June 30, 2014.
d) The assessment amounts described in the Engineer's Report are less than or
equal to the maximum assessment amounts previously approved by property
owner petition or balloting.
SECTION 3. The Engineer's Report and assessment as presented to the City
Council and on file in the office of the City Clerk are hereby confirmed as filed.
SECTION 4. The City Council hereby orders the proposed improvements to be
made, which improvements are briefly described as the maintenance, operation,
administration and servicing of the improvements related to street lighting improvements
and all appurtenant facilities related thereto.
SECTION 5. The maintenance, operation and servicing of the street lighting and
appurtenant facilities shall be performed pursuant to the Act and the County Auditor of
Riverside County shall enter on the County Assessment Roll opposite each parcel of
land the amount of levy, and such levies shall be collected at the same time and in the
same manner as the County taxes are collected. After collection by the County, the net
amount of the levy shall be paid to the City Treasurer.
SECTION 6. The City Treasurer shall deposit all money representing
assessments collected by the County for District No. 3 to the credit of a fund for the
Palm Springs Street Lighting Maintenance District No. 3, and such money shall be
expended only for the maintenance, operation and servicing of the street lighting and
appurtenant facilities as described in Section 4.
SECTION 7. The adoption of this Resolution constitutes the District No. 3 levy
for the fiscal year commencing July 1, 2013, and ending June 30, 2014.
SECTION 8. The City Clerk is hereby authorized and directed to file the levy with
the County Auditor upon adoption of this Resolution.
Resolution No. 23388
Page 3
ADOPTED THIS 3RD DAY OF JULY, 2013.
David H. Ready, Cit nager
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23388 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 3, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk o'71 J��3
City of Palm Springs, California